A. 
Specifications. Monuments and markers must be constructed as follows:
Material
Minimum Size
Monument
Concrete or stone
6 inches x 6 inches x 30 inches
Marker
Iron pipes or iron or steel bars
15 inches x 3/4 inches dia.
B. 
Placement and marking. Monuments and markers must be placed by a professional engineer or land surveyor so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They must be set so that the top of the monument or marker is level with the surface of the surrounding ground. Monuments must be marked on top with a copper or brass dowel.
C. 
Location of monuments. Monuments must be set:
(1) 
At the intersection of lines forming angles in the boundaries of the development.
(2) 
At the intersection of street lines.
D. 
Location of markers. Markers must be set:
(1) 
At the beginning and ending of curves along street property lines.
(2) 
At points where lot lines intersect curves either front or rear.
(3) 
At angles in property lines of lots.
(4) 
At all other lot corners.
E. 
Removal. Any monuments or markers that are removed must be replaced by a professional engineer or land surveyor at the expense of the person removing them.
All construction of public improvements shall be in conformance with the Township Construction and Materials Specifications, latest revision.[1]
[1]
Editor's Note: The Township's Construction and Material Specifications are on file in the Township offices.
A. 
Street trees are required and shall be:
(1) 
Of a minimum caliper of two inches and be a minimum of eight feet in height when planted.
(2) 
Planted between the sidewalk and setback line at least five feet from the sidewalk.
(3) 
Uniformly spaced not less than 50 feet or more than 100 feet apart along the entire length of each street within the development.
B. 
All proposed street trees shall be native to the Mid-Atlantic region such as on the following list.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Acceptable Street Trees
Red Maple
Tulip Poplar
Serviceberry
River Birch
American Hornbeam
Hackberry - Prairie Prince
Thornless Cockspur Hawthorn
Ohio Pioneer Hawthorn
Thornless Honey locust
Sweetgum (sterile clones only)
Black Tupelo
Scarlet Oak
Chestnut Oak
Willow Oak
Red Oak
Black Oak
A. 
For the safety, convenience, and attractiveness of the development, on-site or public streetlights shall be installed as extensions to such previously existing facilities.
B. 
Where electric service is supplied by underground methods, and prior to the installation of streets, curbs, sidewalks and driveways, the subdivider shall provide and install conduits where necessary to accommodate the installation of a streetlighting system. Installation and location of conduits shall comply with the specifications of the appropriate public utility.
A. 
Where a public sanitary sewer system is accessible to or plans approved by the Board of Supervisors provide for the installation of such public sanitary sewer facilities within four years, the developer shall provide the development with a complete sanitary sewer system ready to be connected to the existing or proposed sanitary sewer system.
(1) 
The plan for the installation of a sanitary sewer system must be prepared for the development and approved by the Township Engineer and the Pennsylvania Department of Environmental Protection if applicable. The Township Engineer must inspect the sewer line before it is covered over. Upon completion of the sanitary sewer installation a reproducible plan for the system as constructed must be filed with the Township.
B. 
Where installation of public sanitary sewer system is not required, the developer or owner of the lot shall provide for each lot, at the time improvements are erected thereon, a private sewage disposal system consisting of a septic tank and tile absorption field or other sewage disposal system approved by the Pennsylvania Department of Environmental Protection and subject to a permit issued by the Township Sewage Enforcement Officer (SEO).
(1) 
If on-site subsurface or alternate sewage disposal systems are feasible, they must be laid out in accordance with minimum standards of the Sewage Facilities Act (Act 537) of the Pennsylvania Department of Environmental Protection. The Township SEO and/or the Pennsylvania Department of Environmental Protection must inspect and approve each on-site sewage disposal system.
C. 
All new or replacement sanitary sewer systems located in flood-prone areas, whether public or private, shall be floodproofed up to an elevation one foot above the base flood elevation.
A. 
The plan for the installation of the mains of a water supply system must be prepared for the development with cooperation of the appropriate water utility company and approved by the Township Engineer. Upon the completion of the water supply system, a reproducible plan for the system as constructed must be filed with the Township.
B. 
Where the connection to a public water supply system is not possible or feasible, each lot must be provided with an individual water supply system prior to the issuance of a zoning/building permit for dwelling units. All such individual systems shall meet all applicable regulations of the Pennsylvania Department of Environmental Protection.
C. 
All new or replacement water systems located in flood-prone areas, whether public or private, shall be floodproofed to a point one foot above the base flood elevation.
Whenever the evidence available to the Board of Supervisors indicates that natural surface drainage is inadequate, the developer shall install a stormwater sewer system in accordance with approved plans and profiles. The system shall be designed by a professional engineer and be approved by the Township Engineer.
A. 
Fire hydrants shall be installed if their water supply source is capable to serve them in accordance with the requirements of the local fire authority.
B. 
Fire hydrants, if provided, shall be located within 600 feet of any dwelling unit or structure open to the public. Fire hydrants shall be installed in accordance with all applicable regulations.
A. 
No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with the ordinance. In lieu of the completion of any improvements required as a condition for the final approval of a plan, the developer shall deposit with the Township financial security in an amount sufficient to cover the cost of such improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings that may be required. The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[1] Without limitation as to other types of financial security that are acceptable to the Township or which the Township may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letter of credit and restrictive or escrow accounts in such lending institutions are acceptable financial security to guarantee completion of improvements. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the applicant or developer posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 36 P.S. § 670-420.
B. 
Such bond, or other financial security shall provide for, and secure to the public the completion of any improvements that may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stages of development subject to such requirements or guarantees to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
C. 
Where requested by the applicant in order to facilitate financing, the Township shall furnish the applicant with a signed copy of a resolution of the Board of Supervisors indicating approval of the final plan contingent upon the applicant obtaining a satisfactory financial security. The final plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days. The applicant shall have the right to request in writing an extension of this ninety-day period, which extension shall not be unreasonably withheld by the Board of Supervisors.
A. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date for completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals 110% of the cost of completion. Any additional security shall be posted by the developer in accordance with the provisions of this article.
B. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements submitted by the applicant or developer and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the Commonwealth of Pennsylvania and chosen mutually by the applicant or developer and Lower Windsor Township. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be shared equally by the applicant or developer and the Township.
A. 
As the work of installing the requirement improvements proceeds, the applicant posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing, be certified or registered mail, addressed to the Board of Supervisors and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Board of Supervisors shall authorize release by the bonding company or lending institution of any amount as estimated by the Township Engineer fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five-day period, the Board of Supervisors shall be deemed to have approved the release of funds as requested.
B. 
The Board of Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require the retention of 10% of the estimated cost of the aforesaid improvements, for a period of up to six months from the date of completion.
C. 
If any portion of said improvements shall not be approved or shall be rejected by the Board of Supervisors, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification as outlined in Subsection A of this section shall be followed. Nothing herein, however, shall be construed in limitation of the applicant's rights to contest or to question by legal proceedings or otherwise any determination of the Board of Supervisors or of the Township Engineer.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Supervisors, in writing by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon, file a report, in writing, with the Board of Supervisors, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors, said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvement or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Board of Supervisors shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing by certified or registered mail of the action of the Board of Supervisors relative thereto. If the Board of Supervisors or the Township Engineer fails to comply with the time limitations contained in this chapter, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its financial surety arrangement.
C. 
If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
D. 
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or the Township Engineer.
E. 
To cover inspection costs, the developer must pay a fee to be established by the Board of Supervisors. Any unused portion of this fee will be refunded to the developer upon completion of the inspections.
F. 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement will be based upon a schedule established by resolution.
(1) 
In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the bill may be disputed according to the timeline and procedures set forth in the Municipalities Planning Code, 53 P.S. § 10510.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event that any required improvements have not been installed as provided in this chapter or in accord with the approved final plan, the Board of Supervisors may enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer or both shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose.
The offer to dedicate streets, parks, or other areas or portions of them, does not impose any duty upon the Township concerning maintenance or improvement until the proper authorities of the Township have made actual appropriation by ordinance or resolution or by entry or improvement. If land is dedicated for a public site and its use for this purpose is not imminent, the developer may be permitted to dedicate the land with the privilege of using the surface rights until the Township is ready to use the land. Such dedication with the temporary privilege of use must be noted on the final plan.
On sites reserved for eventual public acquisition, no building development is permitted during the period of reservation, said period of time not to extend more than 18 months without consent of the developer. Such land reservations shall be noted on the final plan.
Recording the final plan after approval of the Board of Supervisors has the effect of an irrevocable offer to:
A. 
Dedicate all streets and other public ways to public use.
B. 
Dedicate all neighborhood parks and other public areas to public use.
C. 
Reserve for possible future public acquisition such additional areas as may be required by the Township.
After the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board of Supervisors shall require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of dedication. Said financial security shall be of the same type as otherwise required by this chapter with regard to installation of such improvements. The amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.